STATE OF KARNATAKA Vs. NARAYAN GANAPATI SIDDI

JUDGEMENT

(1.) This petition is filed under section 439(2) of Cr.P.C., 1973 seeking to set aside the bail granted in Special Case No.22 of 2016, dated 24.06.2017 by the Court of the Special Judge, Uttara Kannada, Karwar and to direct the concerned Police to arrest and commit the accused-respondent to the custody.

(2.) Heard the learned HCGP for the appellant-State and the learned counsel for the respondent-accused.

(3.) The brief facts of the case are that the mother of the victim filed a complaint stating that the unknown person was kidnapped her daughter and based upon her compliant a case was registered in Crime No.307 of 2015 of Yallapur P.S. for the offence punishable under Section 363 of IPC. Thereafter, the victim was traced along with the accused in Mysore. During the course of the investigation, the statement of the victim was recorded by the Police and also before the JMFC, Mundagod, wherein she has specifically stated about the sexual act committed by the respondent-accused against her will. On the basis of the statement of the victim, Sections 376 and 366 of IPC and Sections 5(2) and 6 of POCSO Act were invoked. The learned trial Judge, on 24.06.2017, allowed the bail application filed by the respondent-accused and granted bail by imposing certain conditions without considering the objections raised by the prosecution. Hence, aggrieved by the same, the appellant-State has filed this Criminal Petition under section 439(2) of Cr.P.C., 1973 seeking to set aside the bail granted to the respondent-accused and to direct the concerned Police to arrest and commit him to custody.